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Ohio Statutes, Title 21

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Title 21, Title 21. Courts-Probate-Juvenile

25 chapters · 998 sections in this title.

All chapters in Title 21998 Ch 2151, Chapter 2151 | Juvenile Court206 Ch 2108, Chapter 2108 | Human Bodies Or Parts…80 Ch 2113, Chapter 2113 | Executors And Adminis…77 Ch 2109, Chapter 2109 | Fiduciaries70 Ch 2107, Chapter 2107 | Wills65 Ch 2111, Chapter 2111 | Guardians; Conservato…65 Ch 2101, Chapter 2101 | Probate Court - Juris…58 Ch 2152, Chapter 2152 | Delinquent Children; …55 Ch 2127, Chapter 2127 | Sale Of Lands44 Ch 2117, Chapter 2117 | Presentment Of Claims…36 Ch 2105, Chapter 2105 | Descent And Distribution34 Ch 2129, Chapter 2129 | Ancillary Administration29 Ch 2133, Chapter 2133 | Modified Uniform Righ…22 Ch 2131, Chapter 2131 | Miscellaneous20

998 sections·Filtered byTitle 21✕

Ohio Rev. Code Ann. § 2107.31 Limitations as to contests
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Sections 2107.29 and 2107.30 of the Revised Code do not affect the proceedings or extend the time for contesting the validity of any will or for asserting rights thereunder. The record provided for in such sections must show that the original record was destroyed, and the time, a…
Ohio Rev. Code Ann. § 2107.32 Notice
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Every probate judge who admits a will or copy of a will to record under sections 2107.29 to 2107.31 of the Revised Code shall immediately after admitting the will or copy to record give notice for three consecutive weeks in two weekly newspapers of the probate judge's county if t…
Ohio Rev. Code Ann. § 2107.33 Revocation of will
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(A) A will shall be revoked in the following manners:(1) By the testator by tearing, canceling, obliterating, or destroying it with the intention of revoking it;(2) By some person, at the request of the testator and in the testator's presence, by tearing, canceling, obliterating,…
Ohio Rev. Code Ann. § 2107.34 Afterborn or pretermitted heirs
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(A) Subject to division (C) of this section, if, after making a will, a testator has a child born alive, adopts a child, or designates an heir in the manner provided by section 2105.15 of the Revised Code, or if a child or designated heir who is absent and reported to be dead pro…

Showing 151–200 of 998

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Ohio Rev. Code Ann. § 2107.35 Encumbrances

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An encumbrance upon real or personal property for the purpose of securing the payment of money or the performance of a covenant shall not revoke a previously executed will relating to that property.

Ohio Rev. Code Ann. § 2107.36 Effect of alteration of property

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An act of a testator that alters but does not wholly divest the testator's interest in property previously devised or bequeathed by the testator does not revoke the devise or bequest of the property. The devise or bequest shall pass to the devisee or legatee the actual interest o…

Ohio Rev. Code Ann. § 2107.37 Subsequent marriage

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A will executed by an unmarried person is not revoked by a subsequent marriage.

Ohio Rev. Code Ann. § 2107.38 Destruction of a subsequent will

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If a testator executes a second will, the destruction, cancellation, or revocation of the second will shall not revive the first will unless the terms of the revocation show that it was the testator's intention to revive and give effect to the testator's first will or unless, aft…

Ohio Rev. Code Ann. § 2107.46 Action by fiduciary

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Any fiduciary may file an action in the probate court against creditors, legatees, distributees, or other parties, and ask the direction or judgment of the court in any matter respecting the trust, estate, or property to be administered, and the rights of the parties in interest.…

Ohio Rev. Code Ann. § 2107.47 Protection of purchaser against will or later will

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(A) The title, estate, or interest of a bona fide purchaser, lessee, or encumbrancer, for value, in real property situated in this state, that is derived from an heir of a decedent and acquired without knowledge of a will of the decedent that effectively disposes of it to another…

Ohio Rev. Code Ann. § 2107.48 Foreign will cannot be contested here

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There shall be no proceeding in this state to contest a will executed and proved according to the law of another state or of a foreign country, relative to property in this state; but if such will is set aside in the state or country in which it is executed and proved, it shall b…

Ohio Rev. Code Ann. § 2107.49 Rule in Shelley's case abolished

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When interests in real property are given by deed or will to a person for the person's life, and after the person's death to the person's heirs in fee, the conveyance shall vest an estate for life only in the first taker and a remainder in fee simple in the heirs of the first tak…

Ohio Rev. Code Ann. § 2107.50 Property acquired subsequent to will

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Any estate, right, or interest in any property of which a decedent had an interest at the time of the decedent's death shall pass under the decedent's will unless the will manifests a different intention.

Ohio Rev. Code Ann. § 2107.501 Ademption - exemptions

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(A) A specific devisee or legatee has the right to the remaining specifically devised or bequeathed property, and the following: (1) Any balance on the purchase price, together with any security interest owing from a purchaser to the testator at death by reason of sale of the pro…

Ohio Rev. Code Ann. § 2107.51 When whole estate to pass

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Every devise of an interest in real property in a will shall convey all the estate of the devisor in the property, unless it clearly appears by the will that the devisor intended to convey a less estate.

Ohio Rev. Code Ann. § 2107.52 Deceased devisee; class gifts

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(A) As used in this section: (1) "Class member" means an individual who fails to survive the testator but who would have taken under a devise in the form of a class gift had the individual survived the testator. (2) "Descendant of a grandparent" means an individual who qualifies …

Ohio Rev. Code Ann. § 2107.521 Specific references to powers of appointment

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No provision of a will exercises a power of appointment held by the testator unless specific reference is made to the power.

Ohio Rev. Code Ann. § 2107.53 Undevised real property applied to debts

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When part of the real property of a testator descends to the testator's heirs because it was not disposed of by the testator's will, and the testator's personal property is insufficient to pay the testator's debts, the undevised real property shall be chargeable first with the de…

Ohio Rev. Code Ann. § 2107.54 Contribution - exception

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(A) When real or personal property, devised or bequeathed, is taken from the devisee or legatee for the payment of a debt of the testator, the other devisees and legatees shall contribute their respective proportions of the loss to the person from whom the payment was taken so th…

Ohio Rev. Code Ann. § 2107.55 Portion of pretermitted heir, or of witness, subject to contribution

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When a part of the estate of a testator descends to a child born or adopted, or to an heir designated, after the execution of the will, or to a child absent and reported to be dead at the time of execution of the will but later found to be alive, or to a witness to a will who is …

Ohio Rev. Code Ann. § 2107.56 Liability in case of insolvency

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When any of the persons liable to contribute toward the discharge of a testator's debt according to sections 2107.54 and 2107.55 of the Revised Code, is insolvent, the others shall be severally liable to each other for the loss occasioned by the insolvency, each being liable in p…

Ohio Rev. Code Ann. § 2107.57 Contribution enforced

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All cases arising under sections 2107.01 to 2107.62, inclusive, of the Revised Code, in which devisees or legatees are required to contribute or in which contribution is to be made among devisees, legatees, and heirs, may be heard and determined in a single action.

Ohio Rev. Code Ann. § 2107.58 Order of sale to pay debts

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When a sale of real property aliened or unaliened by a devisee or heir is ordered for the payment of the debts of an estate, sections 2107.53 to 2107.57 of the Revised Code do not prevent the probate court from making an order and decree for the sale of any portion of the aliened…

Ohio Rev. Code Ann. § 2107.59 Sale of real property by executor's successor

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When a will is admitted to probate, or a will made out of this state is admitted to record as provided by sections 2129.05 to 2129.07 of the Revised Code, and interests in real property are given or devised by the will to the executors named in the will, or nominated pursuant to …

Ohio Rev. Code Ann. § 2107.60 Oral will

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An oral will, made in the last sickness, shall be valid in respect to personal property if reduced to writing and subscribed by two competent disinterested witnesses within ten days after the speaking of the testamentary words. The witnesses shall prove that the testator was of s…

Ohio Rev. Code Ann. § 2107.61 Will ineffectual

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Unless it has been admitted to probate or record, as provided in sections 2107.01 to 2107.62 or 2129.05 to 2129.07 of the Revised Code, no will is effectual to transfer real or personal property.

Ohio Rev. Code Ann. § 2107.62 Expenses and fees

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The expense of proving and recording wills and of any action for declaratory judgment of validity shall be paid by the party at whose instance this is done. The witnesses and officers shall have the same fees for attendance and services as in other cases. When the executor or adm…

Ohio Rev. Code Ann. § 2107.63 Real or personal property devised, bequeathed or appointed to trustee of existing trust

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A testator may by will devise, bequeath, or appoint real or personal property or any interest in real or personal property to a trustee of a trust that is evidenced by a written instrument signed by the testator or any other settlor either before or on the same date of the execut…

Ohio Rev. Code Ann. § 2107.64 Trustee named in will as beneficiary

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A policy of life insurance, or an employee or self-employed benefit plan including, but not limited to, an employee trust or annuity plan, a Keogh plan, an individual retirement account or annuity, or a retirement bond, may designate as beneficiary a trustee named by will. Upon q…

Ohio Rev. Code Ann. § 2107.65 Conferring power to name executor

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A testator may confer in the testator's will, upon one or more persons, the power to nominate, in writing, an executor, coexecutor, successor executor, or successor coexecutor, and also may provide in the will that the person or persons so nominated may serve without bond. If a w…

Ohio Rev. Code Ann. § 2107.71 Civil action to contest validity of will

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(A) A person interested in a will or codicil admitted to probate in the probate court that has not been declared valid by judgment of a court pursuant to division (A)(1) of section 5817.10 of the Revised Code may contest its validity by filing a complaint in the probate court in …

Ohio Rev. Code Ann. § 2107.72 Rules of procedure - jury trial

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(A) The Rules of Civil Procedure govern all aspects of a will contest action, except as otherwise provided in sections 2107.71 to 2107.77 of the Revised Code.(B)(1) Each party to a will contest action has the right to a jury trial of the action. To assert the right, a party shall…

Ohio Rev. Code Ann. § 2107.73 Parties to will contest action

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Persons who are necessary parties to a will contest action are as follows: (A) Any person designated in a will to receive a testamentary disposition of real or personal property;(B) Heirs who would take property pursuant to section 2105.06 of the Revised Code had the testator die…

Ohio Rev. Code Ann. § 2107.74 Order of probate prima-facie evidence of attestation, execution and validity of will

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On the trial of any will contest under section 2107.71 of the Revised Code, the order of probate is prima-facie evidence of the attestation, execution, and validity of the will or codicil. The contesting party may call any witness to the will as upon cross examination.

Ohio Rev. Code Ann. § 2107.75 Administration costs of purported last will or codicil

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When the jury or the court finds that the writing produced is not the will or codicil of the testator, the trial court shall allow as part of the costs of administration the amounts to the fiduciary and to the attorneys defending the purported will or purported codicil that the t…

Ohio Rev. Code Ann. § 2107.76 Will contest action - time limits

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No person who has received or waived the right to receive the notice of the admission of a will to probate required by section 2107.19 of the Revised Code may commence an action permitted by section 2107.71 of the Revised Code to contest the validity of the will more than three m…

Ohio Rev. Code Ann. § 2107.77 Later wills

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Sections 2107.71 to 2107.76 of the Revised Code apply to later wills admitted to probate.

Ohio Rev. Code Ann. § 2108.01 Anatomical gift definitions

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As used in sections 2108.02 to 2108.35 of the Revised Code: (A) "Adult" means an individual who is at least eighteen years of age.(B) "Agent" means an individual who is either of the following:(1) The principal's attorney in fact under a durable power of attorney for health care;…

Ohio Rev. Code Ann. § 2108.02 Revised uniform anatomical gift act adopted

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Sections 2108.01 to 2108.29 of the Revised Code are enacted to adopt the Revised Uniform Anatomical Gift Act (2006), national conference of commissioners on uniform state laws.

Ohio Rev. Code Ann. § 2108.03 Application of RC 2108.01 to RC 2108.29

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Sections 2108.01 to 2108.29 of the Revised Code apply to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

Ohio Rev. Code Ann. § 2108.04 Persons who may make anatomical gift

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Subject to section 2108.08 of the Revised Code, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 2108.05 of the Revised Code by any of the fo…

Ohio Rev. Code Ann. § 2108.05 Manner of making anatomical gift

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(A) A donor may make an anatomical gift by doing any of the following: (1) Authorizing a statement or symbol to be imprinted on the donor's driver's license or identification card indicating that the donor has certified a willingness to make an anatomical gift; (2) Specifying dur…

Ohio Rev. Code Ann. § 2108.06 Amendment of anatomical gift

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(A) Subject to section 2108.08 of the Revised Code, an anatomical gift made under section 2108.04 of the Revised Code may be amended by any of the following means: (1) By a record signed by the donor or other person authorized to make an anatomical gift under section 2108.04 of t…

Ohio Rev. Code Ann. § 2108.07 Refusal to make anatomical gift

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(A) An individual may refuse to make an anatomical gift of the individual's body or part by doing any of the following: (1) Indicating a refusal in a record signed by either of the following: (a) The individual; (b) Subject to division (B) of this section, another individual acti…

Ohio Rev. Code Ann. § 2108.08 Action by person other than donor

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(A) Subject to division (F) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor shall be barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the d…

Ohio Rev. Code Ann. § 2108.09 Anatomical gift after donor's death

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(A) Subject to divisions (B) and (C) of this section, and unless barred by section 2108.07 or 2108.08 of the Revised Code, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made in the manner provided for under …

Ohio Rev. Code Ann. § 2108.10 Making anatomical gift after donor's death

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(A) A person authorized to make an anatomical gift under section 2108.09 of the Revised Code may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduc…

Ohio Rev. Code Ann. § 2108.11 Donees and purposes of anatomical gift

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(A) An anatomical gift may be made to any of the following persons named in the document of gift: (1) A hospital; an accredited medical school, dental school, college, or university; an organ procurement organization; or another appropriate person, for research or education;(2) S…

Ohio Rev. Code Ann. § 2108.12 Search for evidence of donor intent

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(A) If any of the following persons, while acting in the course of the person's official duties, finds an individual and reasonably believes that the individual is dead or near death, the person shall make a reasonable search of the body of the individual for a document of gift o…

Ohio Rev. Code Ann. § 2108.13 Delivery of document of gift not required

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(A) A document of gift need not be delivered during the donor's lifetime to be effective. (B) On or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying…